• Title/Summary/Keyword: 구제제도

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A Study on the Improvement of Health Damage Relief Regulation due to Environmental Hazardous Factors (환경유해인자로 인한 건강피해 구제제도의 개선방안에 관한 고찰)

  • Baek, Woonsuk;Shim, Younggyoo
    • Journal of Environmental Policy
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    • v.12 no.1
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    • pp.75-100
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    • 2013

  • Health damages such as pneumoconiosis and kidney damage, caused by environmental hazardous factors are being reported in health impact assessment conducted on environmentally vulnerable areas, including cement factories and refineries. Current legal system for relieving the environmental victims is not effective enough because the environmental health act does not specify the environmental hazardous factors to be considered for the relief. The aim of this study is to examine the problems of the existing system by making empirical analysis on health damages and afflicted people as well as on cases when afflicted people were able to be covered by remedy system. The results show that, insufficiencies of the relief system are due to the following reasons: First, current Environmental Health Act does not act well as a remedy system. Second, due to its unique nature of environmental health damage, it is hard to identify and prove the cause of health damage and unlawful actions of violators in the process of environmental dispute conciliation and lawsuits against polluters. This paper suggests following solutions on above mentioned problems. First, in defining the range and definition of environmental diseases, negative system should be used alongside with the current positive system. Second, we suggest adding the nature of public law to relief system, in order to ease the legal burden of proof. Third, in case when it is hard to identify the polluters and one cannot expect reliefs for their damage, it is possible to elevate the effectiveness of the relief measure by expanding scope of the search for possible environmental hazardous factors that caused the health damage. It is urgent to improve the relief system so as to secure the environmental rights of Koreans.

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A Study on The Korean Trade Remedy System under the FTA and the Negotiation of Trade Remedy in Korea-China FTA (FTA체제 하(下)에서의 한국의 무역구제제도 및 한·중FTA 무역구제 협상)

  • Kim, Yong-Duk;Kim, Su-Mi
    • International Area Studies Review
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    • v.13 no.2
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    • pp.573-600
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    • 2009

  • Currently, the Free Trade Agreement(FTA) promoting regionalism or bilateralism has been increasingly concluded, which is against multilateralism of the WTO. The adoption of the TRS under the FTA carries various issues from the rationale of its existence to its contents. To explain these contradictory issues between the WTO and the FTA, this paper studied on the TRS by analyzing present cases and negotiation results of the TRS under the FTA and comparing them under the WTO. The TRS under the WTO agreement is limited only to antidumping, countervailing duties and safeguard as the agreed concept. When the negotiations of the FTA are on the process, it is necessary to adopt the TRS depending on the negotiating party countries of the FTA after considering fully the economic situations of Korea and the need of protection for the domestic industries. Currently, Korea has entered into the FTA with several countries and most of the agreements with respect to the TRS maintain and observe the right and duty in the WTO agreement and when necessary, in some of the FTA agreements, they have changed parts of the TRS. Consequently, it is needed to establish the basis for application of the TRS. Also, additional application of the SSG provision to some sensitive goods is highly recommended.

POLICY & ISSUES 환경정책 - 2013년 환경부 주요 정책 추진 방향

  • Kim, Seung-Hui
    • Bulletin of Korea Environmental Preservation Association
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    • s.406
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    • pp.5-7
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    • 2013

  • 환경부에서는 최근들어 환경오염 사고가 지주 발생함으로 인해 환경오염 피해에 대한 실효적 구제제도의 도입을 위해 "환경오염피해 구제에 관한 법률"(안)을 마련하여 하반기 입법을 추진할 계획이다. 또한 환경오염시설에 대한 허가제도를 선진화하여 최신 기술에 기반한 통합 환경관리 체계로 전환할 계획으로 있다. 환경부에서는 쾌적하고 지속가능한 환경의 조성 및 국민행복을 완성하는 '고품위 환경복지' 실현을 향후 환경정책의 목표로 삼았다.

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